Code Compliancy Dispelling the Myths. Code Compliancy - Dispelling the Myths. Australian Building and Construction Commissioner Neale Smith & Kelvin Mooney.
Australian Building and Construction CommissionerNeale Smith & Kelvin Mooney
National Code ComplianceKelvin Mooney Neale Smith Code Compliance Investigator Team Leader National Code
The ABCC is willing to work with you and your subcontractors to achieve Code Compliance.
For more detailed information and advice visit
contact the ABCC hotline on
1800 003 338
Wilson Ryan and Gross LawyersBen Keenan
7 to achieve Code Compliance.
Obtaining Code Compliance Certification for Industrial ArrangementsBenjamin KeenanWorkplace Relations Practitionerwilson/ryan/grose Lawyers
Obtaining Certification Arrangements
The Assessment Process
Identify the applicable industrial instrument for your business.
Complete the online lodgement procedure to request an assessment from the Department of Education, Employment and Workplace Relations (“DEEWR”):
Retain correspondence from DEEWR as evidence. Industrial arrangements are Code Compliant.
“Objectionable” clauses that offend/breach the guidelines:
Clauses that can result in an unpredictable variation in the Contractor’s base wage costs (e.g. Right of casual employees to elect to become part-time or full-time after six (6) months); and
2. Clauses that mandate/promote union membership or involvement in the workplace.
Legacy of the “WorkChoices” era in which the Howard Government sought to limit employee entitlements and the impact of unions on the cost of doing business.
All Contractors, whether an incorporated company, partnership, trust or sole trader, now come under the Fair Work Act 2009 (The Act) and the Modern Awards.
Vast majority of employees in construction industry will be covered by either a Modern Award or Registered Collective/Enterprise Agreement.
If Common Law Agreement acknowledges the jurisdiction of an applicable Modern Award or Registered Agreement and does not include any “objectionable” clauses, should obtain Code Compliant status.
Record of Compliance Guidelines?
Response from DEEWR will either confirm the Industrial Arrangements are Code Compliant or identify those clauses of the instrument that are non-compliant.
Subject to limitations in the Act, instruments that fail to achieve compliance can be amended to delete the non-compliant clauses and be resubmitted for assessment.
Letter from DEEWR confirming instrument is compliant is all the evidence you should require.
Integrated HR SolutionsMike Smith
The National Code and OHS&R Guidelines?
Code Compliancy - Dispelling the Myths Seminar
20 Oct 2010 Cairns
Welcome & Introduction Guidelines?
Integrated HR Solutions
This presentation is intended to provide general information only and does not constitute legal advice.
Whilst every effort has been taken in preparing this presentation, no responsibility is accepted by the author for the accuracy of the information contained therein, and all liability is expressly disclaimed for any damage which may arise from any person acting on any statement or information contained herein.
Session Outline Guidelines?
“OHS&R obligations must be actively addressed by all industry participants. Unequivocal commitment to OHS&R management must be demonstrated in systems that address responsibilities, policies, procedures and performance standards to be met by all parties involved in a project and are directly linked to quality OHS&R outcomes.”
The National Code and OHS&R
Establish a comprehensive site specific OHS&R management plan that includes:
work practices analysis
roles and responsibilities
hazard identification, prevention and control
induction and task training
Implementation Guidelines (s6.10.1, s6.10.2)
The OHS&R management system must be: plan that includes:
defines roles, duties and responsibilities
improving OHS&R performance:
prevention rather than correction
“the way we do things around here” (our safety culture)
Building & Construction OHS Accreditation Scheme:
administered by Federal Safety Commissioner
Building & Construction Industry Improvement Act 2005
Implementation Guidelines (s6.10.3, 6.10.4, 6.10.5)
Australian Government Building & Construction plan that includes:
designed to improve industry OHS&R performance
fosters culture of safe work (as well as on budget and on time work)
prerequisite of OHSMS certified to AS/NZS 4801
only accredited head contractors can enter into contracts for building work that is funded directly or indirectly with the Australian Govt (subject to thresholds)
head contractors must demonstrate effective sub contractor OHS&R management
The Scheme only applies to head contractors, however, head contractors must demonstrate effective sub contractor OHS&R management.
engagement and supervision of subcontractors as if they were employees, and
consultation and communication regarding OHS
Effective subcontractor OHS management is the degree to which subcontractor OHS management arrangements are demonstrated across building and construction projects.
Implement a Safety Management Plan that includes: contractors must demonstrate
a review of the work that is to be performed
hazard identification, risk assessment & control procedures
how legal & other relevant OHS&R requirements are met
provision for tender / contract documentation to include OHS requirements
Safety Management Plan
Define roles & responsibilities for OHS&R that includes: contractors must demonstrate
documentation of specific OHS&R tasks & duties for all workers (use of job descriptions / duty statements)
determine responsibility for implementing and maintaining the Safety Management Plan
communication of OHS&R responsibilities to all workers
Responsibilities & Resources
Perform Site Inductions that include: contractors must demonstrate
instruction in site specific safety rules & emergency procedures
minimum induction requirements have been met prior to work commencing
checks are performed prior to work commencing to ensure appropriate licensing of workers
regular toolbox and pre-start meetings are held to communicate and discuss OHS&R issues
all consultation and communication is recorded
site notice board or safety bulletins are used as a regular source of OHS information
Communication & Consultation
Provide training and education (additional to induction) that includes:
relevant parts of the Safety Management Plan
tasks / work activity
specific roles and responsibilities
assessment of employee competencies for their tasks
regular review & update of competencies/qualifications
maintain records of training and competencies
Training & Competency
Undertake risk management activities that are documented in a procedure for hazard identification, risk assessment and control, and workers are trained in its use. This includes:
procedure for JSA’s and SWMS
SWMS are completed and signed prior to work commencing
SWMS are regularly reviewed and updated in consultation with workers
Implement proactive management of workplace injury and injured workers’ rehabilitation and return to work that includes:
return to work policy
responsibility for the program is assigned
return to work education
employer & injured worker participation
suitable duties programs
appropriate case records management
Injury Management & Rehabilitation
Conduct OHS&R inspections & audits that include: injured workers’ rehabilitation and return to work that includes:
a procedure is documented to regularly inspect facilities, plant, substances etc.
a formal inspection and audit schedule is in place
all workplace participants are involved in the inspection process
corrective actions developed in consultation with workers and documented in SWMS
Inspections & Audits
Establish a system of document management for OHS&R documents and records that includes:
a regular review of documents to remove out of date information
documents contain dates and version numbers
documents are filed and accessible
documents are retained (minimum 7 years)
Summary documents and records that includes:
In this presentation we have discussed:
Hansen YunckenTracey Steinhardt & Ray Gibson
National Code Compliance – Dispelling the Myths documents and records that includes:
Tracy Steinhardt – Project Administrator
Ray Gibson – Senior Project Manager
Requirement of Subcontractors to Head Contractor (Paperwork)
Requirement of Subcontractors NCOP (Further Action)
What Needs to Happen
Benefits of This
TCS ConstructionDawson Wilkie
Building Industry Online Tanya Stainton
Connecting the Construction Industry
BIO delivers an online
Benefits to Builders
Benefits for the Subcontractor / Supplier
Cairns Region – Copy Shop Business Center - A1 - $1.55. normal price $ 2.20.
Building Industry Online documents and records that includes:Building Industry online
Builders choose who they wish to link too.
BIO provides a system to send invitation to Tender Letters as well as specific project guidelines to chosen team members.
BIO connects 4000 industry members across Queensland and is expanding on National Level in 2011.